82 FR 38613 - Energy Conservation Program: General Service Incandescent Lamps and Other Incandescent Lamps Request for Data

DEPARTMENT OF ENERGY
Energy Efficiency and Renewable Energy Office

Federal Register Volume 82, Issue 156 (August 15, 2017)

Page Range		38613-38617
FR Document		2017-17212
The U.S. Department of Energy (DOE) seeks annual domestic sales and shipment data for general service incandescent lamps (GSILs) and other incandescent lamps. DOE intends to use this sales data from stakeholders to inform its decision on whether to amend standards for GSILs.
Federal Register, Volume 82 Issue 156 (Tuesday, August 15, 2017)
[Federal Register Volume 82, Number 156 (Tuesday, August 15, 2017)]
[Proposed Rules]
[Pages 38613-38617]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-17212]


========================================================================
Proposed Rules
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains notices to the public of 
the proposed issuance of rules and regulations. The purpose of these 
notices is to give interested persons an opportunity to participate in 
the rule making prior to the adoption of the final rules.

========================================================================


Federal Register / Vol. 82, No. 156 / Tuesday, August 15, 2017 / 
Proposed Rules

[[Page 38613]]



DEPARTMENT OF ENERGY

Energy Efficiency and Renewable Energy Office

10 CFR Part 430

[EERE-2017-BT-NOA-0052]


Energy Conservation Program: General Service Incandescent Lamps 
and Other Incandescent Lamps Request for Data

AGENCY: Office of Energy Efficiency and Renewable Energy, Department of 
Energy.

ACTION: Notification of data availability (NODA); request for 
information (RFI).

-----------------------------------------------------------------------

SUMMARY: The U.S. Department of Energy (DOE) seeks annual domestic 
sales and shipment data for general service incandescent lamps (GSILs) 
and other incandescent lamps. DOE intends to use this sales data from 
stakeholders to inform its decision on whether to amend standards for 
GSILs.

DATES: DOE will accept comments, data, and information regarding this 
NODA received no later than October 16, 2017.

ADDRESSES: Interested persons are encouraged to submit comments, data 
and information using the Federal eRulemaking Portal at http://www.regulations.gov. Follow the instructions for submitting comments. 
Alternatively, interested persons may submit comments, identified by 
docket number EERE-2017-BT-NOA-0052, by any of the following methods:
    1. Federal eRulemaking Portal: http://www.regulations.gov. Follow 
the instructions for submitting comments.
    2. Email: [email protected]. Include the docket number in 
the subject line of the message.
    3. Postal Mail: Appliance and Equipment Standards Program, U.S. 
Department of Energy, Building Technologies Office, Mailstop EE-5B, 
1000 Independence Avenue SW., Washington, DC 20585-0121. Telephone: 
(202) 287-1445. If possible, please submit all items on a compact disc 
(CD), in which case it is not necessary to include printed copies.
    4. Hand Delivery/Courier: Appliance and Equipment Standards 
Program, U.S. Department of Energy, Building Technologies Office, 950 
L'Enfant Plaza SW., Suite 600, Washington, DC 20024. Telephone: (202) 
287-1445. If possible, please submit all items on a CD, in which case 
it is not necessary to include printed copies.
    For detailed instructions on submitting comments and additional 
information on the NODA, see section IV, Submission of Comments.
    Docket: The docket, which includes Federal Register notices, and 
other supporting documents/materials, is available for review at http://www.regulations.gov. All documents in the docket are listed in the 
http://www.regulations.gov index. However, some documents listed in the 
index, such as those containing information that is exempt from public 
disclosure, may not be publicly available.
    The docket Web page can be found at http://www.regulations.gov. The 
docket Web page will contain simple instructions on how to access all 
documents, including public comments, in the docket. See section IV for 
information on how to submit comments through http://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: 
Ms. Lucy deButts, U.S. Department of Energy, Office of Energy 
Efficiency and Renewable Energy, Building Technologies, EE-2J, 1000 
Independence Avenue SW., Washington, DC 20585-0121. Telephone: (202) 
287-1604. Email: [email protected].
Ms. Celia Sher, U.S. Department of Energy, Office of the General 
Counsel, GC-33, 1000 Independence Avenue SW., Washington, DC 20585-
0121. Telephone: (202) 287-6122. Email: [email protected].

    For further information on how to submit a comment or review other 
public comments and the docket, contact the Appliance and Equipment 
Standards Program staff at (202) 287-1445 or by email: 
[email protected].

SUPPLEMENTARY INFORMATION:

Table of Contents

I. Background
II. Data
III. Conclusion
IV. Submission of Comments

I. Background

    Amendments to the Energy Policy and Conservation Act of 1975 
(EPCA),\1\ Public Law 94-163 (42 U.S.C. 6291-6317, as codified), in the 
Energy Independence and Security Act of 2007 (EISA 2007) direct DOE to 
conduct two rulemaking cycles to evaluate energy conservation standards 
for general service lamps (GSLs). (42 U.S.C. 6295(i)(6)(A)-(B)) GSLs 
are defined in EPCA to include GSILs, compact fluorescent lamps (CFLs), 
general service light-emitting diode (LED) and organic light-emitting 
diode (OLED) lamps, and any other lamps that the Secretary of Energy 
(Secretary) determines are used to satisfy lighting applications 
traditionally served by general service incandescent lamps.
---------------------------------------------------------------------------

    \1\ All references to EPCA refer to the statute as amended 
through the Energy Efficiency Improvement Act of 2015, Public Law 
114-11 (April 30, 2015).
---------------------------------------------------------------------------

    For the first rulemaking cycle, Congress instructed DOE to initiate 
a rulemaking process prior to January 1, 2014, to consider two 
questions: (1) Whether to amend energy conservation standards for 
general service lamps and (2) whether ``the exemptions for certain 
incandescent lamps should be maintained or discontinued.'' (42 U.S.C. 
6295(i)(6)(A)(i)) Further, if the Secretary determines that the 
standards in effect for GSILs should be amended, EPCA provides that a 
final rule must be published by January 1, 2017, with a compliance date 
at least 3 years after the date on which the final rule is published. 
(42 U.S.C. 6295(i)(6)(A)(iii)) In developing such a rule, DOE must 
consider a minimum efficacy standard of 45 lumens per watt (lm/W). (42 
U.S.C. 6295(i)(6)(A)(ii)) If DOE fails to complete a rulemaking in 
accordance with 42 U.S.C. 6295(i)(6)(A)(i)-(iv) or a final rule from 
the first rulemaking cycle does not produce savings greater than or 
equal to the savings from a minimum efficacy standard of 45 lm/W, the 
statute provides a ``backstop'' under which DOE must prohibit sales of 
GSLs that do not meet a minimum 45 lm/W standard beginning on January 
1, 2020. (42 U.S.C. 6295(i)(6)(A)(v))

[[Page 38614]]

    DOE initiated the rulemaking process in a timely manner by 
publishing in the Federal Register a notice of availability of a 
framework document. 78 FR 73737 (Dec. 9, 2013); see also 79 FR 73503 
(Dec. 11, 2014) (notice of availability of preliminary analysis). DOE 
later issued a notice of proposed rulemaking (NOPR) to propose amended 
energy conservation standards for GSLs. 81 FR 14528, 14629-14630 (Mar. 
17, 2016). The March 2016 NOPR focused on the first question that 
Congress directed DOE to consider--whether to amend energy conservation 
standards for general service lamps. (42 U.S.C. 6295(i)(6)(A)(i)(I)) In 
the March 2016 NOPR proposing energy conservation standards for GSLs, 
DOE stated that it would be unable to undertake any analysis regarding 
GSILs and other incandescent lamps because of a then applicable 
congressional restriction (the Appropriations Rider \2\) on the use of 
appropriated funds to implement or enforce 10 CFR 430.32(x). 81 FR 
14528, 14540-14541. Notably, the applicability of this Appropriations 
Rider has not been extended in the current appropriations statute, and 
thus is no longer in effect.\3\ As a result, DOE is no longer prevented 
from undertaking analysis and decision making required by the first 
question presented by Congress, i.e., whether to amend energy 
conservation standards for general service lamps, including GSILs.
---------------------------------------------------------------------------

    \2\ Section 312 of the Consolidated and Further Continuing 
Appropriations Act, 2016 (Pub. L. 114-113, 129 Stat. 2419) prohibits 
expenditure of funds appropriated by that law to implement or 
enforce: (1) 10 CFR 430.32(x), which includes maximum wattage and 
minimum rated lifetime requirements for GSILs; and (2) standards set 
forth in section 325(i)(1)(B) of EPCA (42 U.S.C. 6295(i)(1)(B)), 
which sets minimum lamp efficiency ratings for incandescent 
reflector lamps.
    \3\ See, the Consolidated Appropriations Act of 2017 (Pub. L. 
115-31, div. D, tit. III).
---------------------------------------------------------------------------

    In response to comments to the March 2016 NOPR, DOE conducted 
additional research and published a notice of proposed definition and 
data availability (NOPDDA), which proposed to amend the definitions of 
GSIL and GSL. 81 FR 71794, 71815 (Oct. 18, 2016). DOE explained that 
the October 2016 NOPDDA related to the second question that Congress 
directed DOE to consider--whether ``the exemptions for certain 
incandescent lamps should be maintained or discontinued.'' (42 U.S.C. 
6295(i)(6)(A)(i)(II)); see also 81 FR 71798. The relevant 
``exemptions,'' DOE explained, referred to the 22 categories of 
incandescent lamps that are statutorily excluded from the definitions 
of GSIL and GSL. 81 FR 71798.
    On January 19, 2017, DOE published the two final rules concerning 
the definition of GSL. 82 FR 7276; 82 FR 7322. The January 2017 
definition final rules amended the definitions of GSIL and GSL by 
bringing some of the statutorily-excluded categories of lamps within 
the definitions of GSIL and GSL. Like the October 2016 NOPDDA, the 
January 2017 definition final rules related to the second question that 
Congress directed DOE to consider, regarding whether to maintain or 
discontinue certain ``exemptions.'' (42 U.S.C. 6295(i)(6)(A)(i)(II))
    The January 2017 definition final rules did not make a 
determination regarding ``whether [DOE] should impose or amend 
standards for any category of lamps, such as GSILs or GSLs.'' 82 FR 
7277. Thus, by its own statement, DOE has not yet made a determination 
on whether standards applicable to GSILs should be amended, as required 
by statute. (42 U.S.C. 6295(i)(6)(A)(i)(I))

II. Data

    DOE has gathered preliminary data for GSILs and other incandescent 
lamps--both incandescent lamps specifically exempt from the currently 
effective definition of GSIL and incandescent lamps not included in the 
GSIL definition. The following paragraphs describe the data sources and 
methods used to estimate annual sales for these products.
    General service incandescent lamp means a standard incandescent or 
halogen type lamp that is intended for general service applications; 
has a medium screw base; has a lumen range of not less than 310 lumens 
and not more than 2,600 lumens or, in the case of a modified spectrum 
lamp, not less than 232 lumens and not more than 1,950 lumens; and is 
capable of being operated at a voltage range at least partially within 
110 and 130 volts. 10 CFR 430.2. As mentioned above, as a result of the 
previously effective Appropriations Rider, DOE was unable to undertake 
any analysis regarding GSILs when considering amended energy 
conservation standards for general service lamps. Therefore the January 
2017 definition final rules, March 2016 NOPR, and previous rulemaking 
documents for general service lamps did not contain shipment data for 
GSILs. In reviewing existing data sources, the 2010 U.S. Lighting 
Market Characterization \4\ (LMC) report estimated an installed stock 
of 2.1 billion general service A-type incandescent and general service 
halogen lamps in 2010. DOE has used estimates of shipments of 
traditional and halogen incandescent A-type lamps to the U.S. market in 
2010, developed by the Cadeo Group \5\, and the corresponding lamp 
shipments indices published periodically by NEMA \6\ to generate an 
estimate for the sales of GSILs from 2011 to 2015 (shown in Table 
II.1).
---------------------------------------------------------------------------

    \4\ Navigant Consulting, Inc. Final Report: 2010 U.S. Lighting 
Market Characterization. 2012. U.S. Department of Energy. (Last 
accessed July 31, 2017.) http://apps1.eere.energy.gov/buildings/publications/pdfs/ssl/2010-lmc-final-jan-2012.pdf.
    \5\ Carmichael, R. GSL Shipments and Lumen Bin Distribution 
Data. Cadeo Group. Contract 7094760-T2D: Washington, DC
    \6\ National Electrical Manufacturers Association. Lamp Indices. 
(Last accessed August 1, 2017.) http://www.nema.org/Intelligence/Pages/Lamp-Indices.aspx.

                                                      Table II.1--Estimate of Annual Sales of GSILs
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                    Estimated annual sales
                     Incandescent lamp category                     ------------------------------------------------------------------------------------
                                                                           2011             2012             2013             2014             2015
--------------------------------------------------------------------------------------------------------------------------------------------------------
GSILs *............................................................     737,000,000      634,000,000      626,000,000      499,000,000      441,000,000
--------------------------------------------------------------------------------------------------------------------------------------------------------
* Estimated annual sales of GSILs are based on the NEMA lamp indices \6\ and estimates of shipments of traditional and halogen incandescent A-line lamps
  in 2010, developed by the Cadeo Group.\5\

    The currently effective GSIL definition does not include 22 
specific incandescent lamp categories. In the October 2016 NOPDDA, DOE 
presented estimates for the annual shipments of each incandescent lamp 
type exempt from the definition of GSIL. 81 FR 71794, 71799 (October 
18, 2016). DOE asked for and received comments on these numbers and 
provided revised estimates in the January 2017 definition final rules. 
82 FR 7276, 7291 (January

[[Page 38615]]

19, 2017) and 82 FR 7322, 7327 (January 19, 2017). In their comment on 
the October 2016 NOPDDA, the National Electrical Manufacturers 
Association (NEMA) noted that it collected data from certain of its 
members that manufacture specialty incandescent lamps and provided 
historical data for those products when possible. NEMA stated that 
sales and shipments of specialty incandescent lamps are declining, as 
indicated by the data provided and the confirmation of the trend by its 
members. (NEMA, No. 93 at pp. 9-10) \7\ Shipments estimates for 
reflector lamps exempt from the currently effective definition of GSIL 
have been updated based on the stock of traditional and halogen 
incandescent reflector lamps in the 2010 LMC report \4\, estimates of 
the average service lifetime for such lamps, and projections of solid 
state lighting (SSL) adoption from DOE's SSL program \8\, as detailed 
in the Lawrence Berkeley National Laboratory (LBNL) report ``Impact of 
the EISA 2007 Energy Efficiency Standard on General Service Lamps'' \9\ 
(LBNL GSL report). Table II.2 summarizes the annual and historical 
sales estimates for incandescent lamps exempt from the currently 
effective definition of GSIL.
---------------------------------------------------------------------------

    \7\ A notation in this form provides a reference for information 
that is in the docket of DOE's rulemaking to develop energy 
conservation standards for GSLs (Docket No. EERE-2013-BT- STD-0051), 
which is maintained at http://www.regulations.gov. This notation 
indicates that the statement preceding the reference was made by 
NEMA, is from document number 93 in the docket, and appears at pages 
9-10 of that document.
    \8\ Navigant Consulting, Inc. Energy Savings Forecast of Solid-
State Lighting in General Illumination Applications. 2014. U.S. 
Department of Energy. (Last accessed August 2, 2017.) https://energy.gov/eere/ssl/downloads/energy-savings-forecast-solid-state-lighting-general-illumination-applications.
    \9\ Kantner, C.L.S., A.L. Alstone, M. Ganeshalingam, B.F. Gerke, 
and R. Hosbach. Impact of the EISA 2007 Energy Efficiency Standard 
on General Service Lamps. 2017. Lawrence Berkeley National 
Laboratory: Berkeley, CA. Report No. LBNL-1007090 REV. (Last 
accessed August 2, 2017.) https://eta.lbl.gov/sites/default/files/publications/lbnl-1007090-rev.pdf.

  Table II.2--Estimate of Annual Sales of Incandescent Lamps Exempt From the Currently Effective Definition of
                                                      GSIL
----------------------------------------------------------------------------------------------------------------
                                                              Estimated annual sales
   GSIL exempted lamp category   -------------------------------------------------------------------------------
                                       2011            2012            2013            2014            2015
----------------------------------------------------------------------------------------------------------------
Appliance Lamp..................             N/A             N/A             N/A             N/A      ~2,000,000
Black Light Lamp................             N/A             N/A             N/A             N/A      <1,000,000
Bug Lamp........................             N/A             N/A             N/A             N/A      <1,000,000
Colored Lamp....................             N/A             N/A             N/A             N/A      <2,000,000
Infrared Lamp...................             N/A             N/A             N/A             N/A      <1,000,000
Left-Hand Thread Lamp...........             N/A             N/A             N/A             N/A      <1,000,000
Marine Lamp.....................             N/A             N/A             N/A             N/A      <1,000,000
Marine Signal Service Lamp......             N/A             N/A             N/A             N/A      <1,000,000
Mine Service Lamp...............             N/A             N/A             N/A             N/A      <1,000,000
Plant Light Lamp................             N/A             N/A             N/A             N/A      <1,000,000
Reflector Lamp *................     308,000,000     312,000,000     315,000,000     319,000,000     316,000,000
Rough Service Lamp **...........       6,829,000       6,045,000       6,237,000       7,267,000      10,914,000
Shatter-Resistant Lamp **.......       1,210,000       1,455,000       1,093,000       1,042,000         689,000
Sign Service Lamp...............             N/A             N/A             N/A             N/A      ~1,000,000
Silver Bowl Lamp................             N/A             N/A             N/A             N/A      ~1,000,000
Showcase Lamp...................             N/A             N/A             N/A             N/A      <1,000,000
3-way Incandescent Lamp **......      31,619,000      28,854,000      34,773,000      35,340,000      32,665,000
Traffic Signal Lamp ***.........             N/A         496,686         408,764         277,020         168,178
Vibration Service Lamp **.......         914,000       1,077,000       1,407,000       5,220,000       7,071,000
G shape Lamp with diameter of 5              N/A       1,361,735       1,010,423         938,600         859,867
 inches or more ***.............
T shape lamp of 40 W or less or              N/A      11,168,553      11,507,467      10,529,062       9,750,395
 length of 10 inches or more ***
B, BA, CA, F, G16-1/2, G25, G30,             N/A     104,288,216      98,240,738      78,742,710      71,702,637
 S, M-14 lamp of 40 W or less
 ***............................
----------------------------------------------------------------------------------------------------------------
* These shipments were estimated based on stock estimates from the 2010 LMC report,\4\ lamp lifetime estimates,
  and projections from DOE's SSL program,\8\ as detailed in the LBNL GSL report.\9\
** EPCA directs DOE to collect unit sales data for calendar years 2010 through 2025, in consultation with NEMA,
  for rough service lamps, vibration service lamps, 3-way incandescent lamps, 2,601-3,300 lumen general service
  incandescent lamps, and shatter-resistant lamps. (42 U.S.C. 6295(l)(4)(C)) This data is available at http://www.regulations.gov/docket?D=EERE-2011-BT-NOA-0013.
*** These shipments were provided by NEMA in a comment on the October 2016 NOPDDA. (NEMA, No. 93 at pp. 17-19,
  30).

    In addition to GSILs and incandescent lamps specifically exempt 
from the definition of GSIL, there are several other categories of 
incandescent lamps. The definition of GSIL includes only lamps with 
medium screw bases, within a specific lumen range, and that can be 
operated at a voltage at least partially within 110 and 130 volts--
leaving many other incandescent lamp categories unaddressed (e.g., 
incandescent lamps with lumen outputs greater than the 2,600 lumen 
upper limit specified in the GSIL definition; incandescent lamps with 
other base types, such as candelabra bases; and incandescent lamps that 
operate at other voltages, such as 12 volts).
    DOE has data for certain incandescent lamps that do not meet the 
parameters of the GSIL definition. In consultation with NEMA, DOE has 
collected annual sales data for certain higher lumen lamps (>2,600 
lumen to 3,300 lumen lamps). However, for the remaining incandescent 
lamp categories, again due to the previously applicable Appropriations 
Rider, the January 2017 definition final rules, March 2016 NOPR, and 
previous rulemaking documents for general service lamps did not contain 
shipment data. In reviewing existing data sources, DOE has estimated 
shipments for small-screw-base lamps (i.e., lamps with a screw base 
smaller than medium, such as candelabra base, intermediate base or 
mini-candelabra base lamps) and for multifaceted reflector (MR) lamps 
that

[[Page 38616]]

typically have a bi-pin or twist and lock base. DOE has estimated 
shipments of these lamps from 2011 to 2015 (shown in Table II.3) based 
on regional socket surveys, lamp lifetime estimates, and projections 
from DOE's SSL program,\8\ as detailed in the LBNL GSL report.\9\

                        Table II.3--Estimate of Annual Sales of Other Incandescent Lamps
----------------------------------------------------------------------------------------------------------------
                                                              Estimated annual sales
   Incandescent lamp category    -------------------------------------------------------------------------------
                                       2011            2012            2013            2014            2015
----------------------------------------------------------------------------------------------------------------
Higher Lumen Incandescent Lamps        9,878,000      12,273,000       9,296,000       5,232,000       4,049,000
 (>2,600-3,300 lumens) *........
Small-Screw-Base Lamps (e.g.,        201,000,000     203,000,000     205,000,000     208,000,000     209,000,000
 candelabra base lamps) **......
MR lamps **.....................      48,700,000      49,300,000      49,800,000      50,400,000      49,700,000
----------------------------------------------------------------------------------------------------------------
* EPCA directs DOE to collect unit sales data for calendar years 2010 through 2025, in consultation with NEMA,
  for rough service lamps, vibration service lamps, 3-way incandescent lamps, 2,601-3,300 lumen general service
  incandescent lamps, and shatter-resistant lamps. (42 U.S.C. 6295(l)(4)(C)) This data is available at http://www.regulations.gov/docket?D=EERE-2011-BT-NOA-0013.
** These shipments were estimated based on regional socket surveys, lamp lifetime estimates, and projections
  from DOE's SSL program,\8\ as detailed in the LBNL GSL report.\9\

    DOE requests comment on the estimates contained in this notice as 
well as relevant lamp sales and market data to assist in its 
determination of whether standards in effect for GSILs and/or other 
incandescent lamps should be amended. In particular, the data in Table 
II.3 represents lamp categories that contain lamps with many different 
features. For example, the small-screw-base lamp category includes 
lamps with candelabra bases, intermediate bases, and other different 
base types. These lamps also have a variety of bulb shapes, such as 
candle, bullet, flame, etc. Further, some lamp categories may not be 
specifically listed in the tables above, such as pin base, non-
reflector halogen lamps. To better understand the diversity of products 
in the incandescent lamp market, DOE requests information regarding the 
breakdown of sales by base type, bulb shape, lumen output, and voltage 
for all incandescent lamps.
    DOE also requests information regarding the energy use and end-user 
cost of incandescent lamps. Specifically, DOE seeks information 
regarding the percent of each lamp category (based on the breakdown by 
base type, bulb shape, lumen output, and voltage mentioned in the 
previous paragraph) that utilizes standard technology versus more 
efficient halogen technology. DOE requests the average wattage, 
efficacy, lifetime, and operating hours in each lamp category for the 
standard technology product and more efficient version, if one is 
offered. In a comment on the December 2014 preliminary analysis for 
general service lamps, NEMA indicated that lamps using incandescent/
halogen technology have low initial cost. (NEMA, No. 34 at pp. 12-13) 
DOE requests information on the distribution channels for incandescent 
lamps and particularly on whether first cost varies among incandescent 
lamp categories or between a standard technology and halogen technology 
product.
    DOE also requests information on future shipments and market 
trends. As shown in the previous tables, while sales for certain lamp 
categories are increasing or staying relatively flat, sales for other 
categories have decreased. DOE requests information regarding factors 
influencing these trends and whether they are expected to continue in 
the future. In particular, for categories for which sales are 
decreasing, DOE requests information regarding what products consumers 
are purchasing as replacements. As DOE believes the demand for light is 
not significantly decreasing, DOE expects a decrease in sales for 
incandescent/halogen products to represent a shift in purchases to 
products using fluorescent and/or LED technology. DOE also request data 
and information on consumer lamp purchasing decisions and how these 
decisions have changed over time when certain products have become less 
available or more costly. DOE seeks comment on the potential for lamp 
switching and whether more efficacious substitutes exists for all GSILs 
and other incandescent lamps. Finally, DOE is aware that all 
incandescent lamps may not be used in general lighting applications. 
DOE seeks information on whether specific categories of incandescent 
lamps have features that constrain their use to unique applications and 
whether more efficient products can be adequate replacements in those 
applications.
    Now that the Appropriations Rider has been removed, DOE will 
collect and use this information to analyze standards for GSILs, and 
undertake its responsibility to determine if standards in effect for 
GSILs should be amended. Further, because DOE had previously been 
prohibited from collecting data with respect to GSILs, any data 
received in response to this NODA could result in a reassessment of the 
assumptions and determinations made in the January 2017 definition 
final rules.

III. Conclusion

    The purpose of this NODA is to collect data for GSILs and other 
incandescent lamps in order to assist DOE in making a determination 
regarding whether standards for GSILs should be amended.

IV. Submission of Comments

    DOE invites all interested parties to submit in writing by October 
16, 2017, comments, data, and information on all aspects of this NODA.
    Submitting comments via regulations.gov. The http://www.regulations.gov Web page will require you to provide your name and 
contact information. Your contact information will be viewable to DOE 
Building Technologies staff only. Your contact information will not be 
publicly viewable except for your first and last names, organization 
name (if any), and submitter representative name (if any). If your 
comment is not processed properly because of technical difficulties, 
DOE will use this information to contact you. If DOE cannot read your 
comment due to technical difficulties and cannot contact you for 
clarification, DOE may not be able to consider your comment.
    However, your contact information will be publicly viewable if you 
include it in the comment or in any documents attached to your comment. 
Any information that you do not want to be publicly viewable should not 
be included in your comment, nor in any document attached to your 
comment. Persons viewing comments will see only first and last names, 
organization names, correspondence containing

[[Page 38617]]

comments, and any documents submitted with the comments.
    Do not submit to http://www.regulations.gov information for which 
disclosure is restricted by statute, such as trade secrets and 
commercial or financial information (hereinafter referred to as 
Confidential Business Information (CBI)). Comments submitted through 
http://www.regulations.gov cannot be claimed as CBI. Comments received 
through the Web site will waive any CBI claims for the information 
submitted. For information on submitting CBI, see the Confidential 
Business Information section.
    DOE processes submissions made through http://www.regulations.gov 
before posting. Normally, comments will be posted within a few days of 
being submitted. However, if large volumes of comments are being 
processed simultaneously, your comment may not be viewable for up to 
several weeks. Please keep the comment tracking number that http://www.regulations.gov provides after you have successfully uploaded your 
comment.
    Submitting comments via email, hand delivery, or mail. Comments and 
documents submitted via email, hand delivery, or mail also will be 
posted to http://www.regulations.gov. If you do not want your personal 
contact information to be publicly viewable, do not include it in your 
comment or any accompanying documents. Instead, provide your contact 
information on a cover letter. Include your first and last names, email 
address, telephone number, and optional mailing address. The cover 
letter will not be publicly viewable as long as it does not include any 
comments.
    Include contact information each time you submit comments, data, 
documents, and other information to DOE. If you submit via mail or hand 
delivery, please provide all items on a CD, if feasible. It is not 
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    Comments, data, and other information submitted to DOE 
electronically should be provided in PDF (preferred), Microsoft Word or 
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Documents should not contain special characters or any form of 
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    Campaign form letters. Please submit campaign form letters by the 
originating organization in batches of between 50 to 500 form letters 
per PDF or as one form letter with a list of supporters' names compiled 
into one or more PDFs. This reduces comment processing and posting 
time.
    Confidential Business Information. According to 10 CFR 1004.11, any 
person submitting information that he or she believes to be 
confidential and exempt by law from public disclosure should submit via 
email, postal mail, or hand delivery two well-marked copies: One copy 
of the document marked confidential including all the information 
believed to be confidential, and one copy of the document marked non-
confidential with the information believed to be confidential deleted. 
Submit these documents via email or on a CD, if feasible. DOE will make 
its own determination about the confidential status of the information 
and treat it according to its determination.
    Factors of interest to DOE when evaluating requests to treat 
submitted information as confidential include (1) a description of the 
items, (2) whether and why such items are customarily treated as 
confidential within the industry, (3) whether the information is 
generally known by or available from other sources, (4) whether the 
information has previously been made available to others without 
obligation concerning its confidentiality, (5) an explanation of the 
competitive injury to the submitting person which would result from 
public disclosure, (6) when such information might lose its 
confidential character due to the passage of time, and (7) why 
disclosure of the information would be contrary to the public interest.
    It is DOE's policy that all comments may be included in the public 
docket, without change and as received, including any personal 
information provided in the comments (except information deemed to be 
exempt from public disclosure).

    Issued in Washington, DC, on August 8, 2017.
Steven Chalk,
Acting Deputy Assistant Secretary for Energy Efficiency, Energy 
Efficiency and Renewable Energy.
[FR Doc. 2017-17212 Filed 8-14-17; 8:45 am]
 BILLING CODE 6450-01-P
38613

Proposed Rules Federal Register
Vol. 82, No. 156

Tuesday, August 15, 2017

This section of the FEDERAL REGISTER disc (CD), in which case it is not Table of Contents
contains notices to the public of the proposed necessary to include printed copies. I. Background
issuance of rules and regulations. The 4. Hand Delivery/Courier: Appliance II. Data
purpose of these notices is to give interested
and Equipment Standards Program, U.S. III. Conclusion
persons an opportunity to participate in the
Department of Energy, Building IV. Submission of Comments
rule making prior to the adoption of the final
rules. Technologies Office, 950 L’Enfant Plaza I. Background
SW., Suite 600, Washington, DC 20024.
Telephone: (202) 287–1445. If possible, Amendments to the Energy Policy and
DEPARTMENT OF ENERGY please submit all items on a CD, in Conservation Act of 1975 (EPCA),1
which case it is not necessary to include Public Law 94–163 (42 U.S.C. 6291–
Energy Efficiency and Renewable printed copies. 6317, as codified), in the Energy
Energy Office For detailed instructions on Independence and Security Act of 2007
(EISA 2007) direct DOE to conduct two
submitting comments and additional
10 CFR Part 430 rulemaking cycles to evaluate energy
information on the NODA, see section
conservation standards for general
[EERE–2017–BT–NOA–0052] IV, Submission of Comments.
service lamps (GSLs). (42 U.S.C.
Docket: The docket, which includes 6295(i)(6)(A)–(B)) GSLs are defined in
Energy Conservation Program: Federal Register notices, and other EPCA to include GSILs, compact
General Service Incandescent Lamps supporting documents/materials, is fluorescent lamps (CFLs), general
and Other Incandescent Lamps available for review at http:// service light-emitting diode (LED) and
Request for Data www.regulations.gov. All documents in organic light-emitting diode (OLED)
the docket are listed in the http:// lamps, and any other lamps that the
AGENCY: Office of Energy Efficiency and
www.regulations.gov index. However, Secretary of Energy (Secretary)
Renewable Energy, Department of
some documents listed in the index, determines are used to satisfy lighting
Energy.
such as those containing information applications traditionally served by
ACTION: Notification of data availability that is exempt from public disclosure,
(NODA); request for information (RFI). general service incandescent lamps.
may not be publicly available. For the first rulemaking cycle,
SUMMARY: The U.S. Department of The docket Web page can be found at Congress instructed DOE to initiate a
Energy (DOE) seeks annual domestic http://www.regulations.gov. The docket rulemaking process prior to January 1,
sales and shipment data for general Web page will contain simple 2014, to consider two questions: (1)
service incandescent lamps (GSILs) and instructions on how to access all Whether to amend energy conservation
other incandescent lamps. DOE intends documents, including public comments, standards for general service lamps and
to use this sales data from stakeholders in the docket. See section IV for (2) whether ‘‘the exemptions for certain
to inform its decision on whether to information on how to submit incandescent lamps should be
amend standards for GSILs. comments through http:// maintained or discontinued.’’ (42 U.S.C.
DATES: DOE will accept comments, data,
www.regulations.gov. 6295(i)(6)(A)(i)) Further, if the Secretary
and information regarding this NODA FOR FURTHER INFORMATION CONTACT: determines that the standards in effect
received no later than October 16, 2017. Ms. Lucy deButts, U.S. Department of for GSILs should be amended, EPCA
ADDRESSES: Interested persons are Energy, Office of Energy Efficiency provides that a final rule must be
encouraged to submit comments, data and Renewable Energy, Building published by January 1, 2017, with a
and information using the Federal Technologies, EE–2J, 1000 compliance date at least 3 years after the
eRulemaking Portal at http:// Independence Avenue SW., date on which the final rule is
www.regulations.gov. Follow the Washington, DC 20585–0121. published. (42 U.S.C. 6295(i)(6)(A)(iii))
instructions for submitting comments. Telephone: (202) 287–1604. Email: In developing such a rule, DOE must
Alternatively, interested persons may ApplianceStandardsQuestions@ consider a minimum efficacy standard
submit comments, identified by docket ee.doe.gov. of 45 lumens per watt (lm/W). (42
number EERE–2017–BT–NOA–0052, by U.S.C. 6295(i)(6)(A)(ii)) If DOE fails to
Ms. Celia Sher, U.S. Department of
any of the following methods: complete a rulemaking in accordance
Energy, Office of the General Counsel,
1. Federal eRulemaking Portal: http:// with 42 U.S.C. 6295(i)(6)(A)(i)–(iv) or a
GC–33, 1000 Independence Avenue
www.regulations.gov. Follow the final rule from the first rulemaking cycle
SW., Washington, DC 20585–0121.
instructions for submitting comments. does not produce savings greater than or
Telephone: (202) 287–6122. Email:
2. Email: GSIL2017NOA0052@ equal to the savings from a minimum
Celia.Sher@hq.doe.gov.
ee.doe.gov. Include the docket number efficacy standard of 45 lm/W, the statute
For further information on how to provides a ‘‘backstop’’ under which
in the subject line of the message.
mstockstill on DSK30JT082PROD with PROPOSALS

submit a comment or review other DOE must prohibit sales of GSLs that do
3. Postal Mail: Appliance and
public comments and the docket, not meet a minimum 45 lm/W standard
Equipment Standards Program, U.S.
contact the Appliance and Equipment beginning on January 1, 2020. (42 U.S.C.
Department of Energy, Building
Standards Program staff at (202) 287– 6295(i)(6)(A)(v))
Technologies Office, Mailstop EE–5B,
1445 or by email:
1000 Independence Avenue SW.,
ApplianceStandardsQuestions@ 1 All references to EPCA refer to the statute as
Washington, DC 20585–0121.
ee.doe.gov. amended through the Energy Efficiency
Telephone: (202) 287–1445. If possible, Improvement Act of 2015, Public Law 114–11
please submit all items on a compact SUPPLEMENTARY INFORMATION: (April 30, 2015).

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38614 Federal Register / Vol. 82, No. 156 / Tuesday, August 15, 2017 / Proposed Rules

DOE initiated the rulemaking process 2016). DOE explained that the October lamps not included in the GSIL
in a timely manner by publishing in the 2016 NOPDDA related to the second definition. The following paragraphs
Federal Register a notice of availability question that Congress directed DOE to describe the data sources and methods
of a framework document. 78 FR 73737 consider—whether ‘‘the exemptions for used to estimate annual sales for these
(Dec. 9, 2013); see also 79 FR 73503 certain incandescent lamps should be products.
(Dec. 11, 2014) (notice of availability of maintained or discontinued.’’ (42 U.S.C. General service incandescent lamp
preliminary analysis). DOE later issued 6295(i)(6)(A)(i)(II)); see also 81 FR means a standard incandescent or
a notice of proposed rulemaking (NOPR) 71798. The relevant ‘‘exemptions,’’ DOE halogen type lamp that is intended for
to propose amended energy explained, referred to the 22 categories general service applications; has a
conservation standards for GSLs. 81 FR of incandescent lamps that are medium screw base; has a lumen range
14528, 14629–14630 (Mar. 17, 2016). statutorily excluded from the definitions of not less than 310 lumens and not
The March 2016 NOPR focused on the of GSIL and GSL. 81 FR 71798. more than 2,600 lumens or, in the case
first question that Congress directed On January 19, 2017, DOE published
of a modified spectrum lamp, not less
DOE to consider—whether to amend the two final rules concerning the
than 232 lumens and not more than
energy conservation standards for definition of GSL. 82 FR 7276; 82 FR
1,950 lumens; and is capable of being
general service lamps. (42 U.S.C. 7322. The January 2017 definition final
operated at a voltage range at least
6295(i)(6)(A)(i)(I)) In the March 2016 rules amended the definitions of GSIL
partially within 110 and 130 volts. 10
NOPR proposing energy conservation and GSL by bringing some of the
CFR 430.2. As mentioned above, as a
standards for GSLs, DOE stated that it statutorily-excluded categories of lamps
within the definitions of GSIL and GSL. result of the previously effective
would be unable to undertake any Appropriations Rider, DOE was unable
analysis regarding GSILs and other Like the October 2016 NOPDDA, the
January 2017 definition final rules to undertake any analysis regarding
incandescent lamps because of a then GSILs when considering amended
applicable congressional restriction (the related to the second question that
Congress directed DOE to consider, energy conservation standards for
Appropriations Rider 2) on the use of general service lamps. Therefore the
appropriated funds to implement or regarding whether to maintain or
discontinue certain ‘‘exemptions.’’ (42 January 2017 definition final rules,
enforce 10 CFR 430.32(x). 81 FR 14528, March 2016 NOPR, and previous
14540–14541. Notably, the applicability U.S.C. 6295(i)(6)(A)(i)(II))
The January 2017 definition final rulemaking documents for general
of this Appropriations Rider has not service lamps did not contain shipment
been extended in the current rules did not make a determination
regarding ‘‘whether [DOE] should data for GSILs. In reviewing existing
appropriations statute, and thus is no data sources, the 2010 U.S. Lighting
longer in effect.3 As a result, DOE is no impose or amend standards for any
category of lamps, such as GSILs or Market Characterization 4 (LMC) report
longer prevented from undertaking estimated an installed stock of 2.1
GSLs.’’ 82 FR 7277. Thus, by its own
analysis and decision making required billion general service A-type
statement, DOE has not yet made a
by the first question presented by incandescent and general service
determination on whether standards
Congress, i.e., whether to amend energy halogen lamps in 2010. DOE has used
applicable to GSILs should be amended,
conservation standards for general estimates of shipments of traditional
as required by statute. (42 U.S.C.
service lamps, including GSILs. and halogen incandescent A-type lamps
6295(i)(6)(A)(i)(I))
In response to comments to the March to the U.S. market in 2010, developed
2016 NOPR, DOE conducted additional II. Data by the Cadeo Group 5, and the
research and published a notice of DOE has gathered preliminary data for corresponding lamp shipments indices
proposed definition and data GSILs and other incandescent lamps— published periodically by NEMA 6 to
availability (NOPDDA), which proposed both incandescent lamps specifically generate an estimate for the sales of
to amend the definitions of GSIL and exempt from the currently effective GSILs from 2011 to 2015 (shown in
GSL. 81 FR 71794, 71815 (Oct. 18, definition of GSIL and incandescent Table II.1).

TABLE II.1—ESTIMATE OF ANNUAL SALES OF GSILS
Estimated annual sales
Incandescent lamp category
2011 2012 2013 2014 2015

GSILs * ................................................................................. 737,000,000 634,000,000 626,000,000 499,000,000 441,000,000
* Estimated annual sales of GSILs are based on the NEMA lamp indices 6 and estimates of shipments of traditional and halogen incandescent
A-line lamps in 2010, developed by the Cadeo Group.5

The currently effective GSIL estimates for the annual shipments of asked for and received comments on
definition does not include 22 specific each incandescent lamp type exempt these numbers and provided revised
incandescent lamp categories. In the from the definition of GSIL. 81 FR estimates in the January 2017 definition
October 2016 NOPDDA, DOE presented 71794, 71799 (October 18, 2016). DOE final rules. 82 FR 7276, 7291 (January
mstockstill on DSK30JT082PROD with PROPOSALS

2 Section 312 of the Consolidated and Further which sets minimum lamp efficiency ratings for 5 Carmichael, R. GSL Shipments and Lumen Bin

Continuing Appropriations Act, 2016 (Pub. L. 114– incandescent reflector lamps. Distribution Data. Cadeo Group. Contract 7094760–
3 See, the Consolidated Appropriations Act of
113, 129 Stat. 2419) prohibits expenditure of funds T2D: Washington, DC
appropriated by that law to implement or enforce: 2017 (Pub. L. 115–31, div. D, tit. III). 6 National Electrical Manufacturers Association.
4 Navigant Consulting, Inc. Final Report: 2010
(1) 10 CFR 430.32(x), which includes maximum Lamp Indices. (Last accessed August 1, 2017.)
wattage and minimum rated lifetime requirements U.S. Lighting Market Characterization. 2012. U.S.
http://www.nema.org/Intelligence/Pages/Lamp-
Department of Energy. (Last accessed July 31, 2017.)
for GSILs; and (2) standards set forth in section Indices.aspx.
http://apps1.eere.energy.gov/buildings/
325(i)(1)(B) of EPCA (42 U.S.C. 6295(i)(1)(B)), publications/pdfs/ssl/2010-lmc-final-jan-2012.pdf.

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Federal Register / Vol. 82, No. 156 / Tuesday, August 15, 2017 / Proposed Rules 38617

comments, and any documents 500 form letters per PDF or as one form SMALL BUSINESS ADMINISTRATION
submitted with the comments. letter with a list of supporters’ names
Do not submit to http:// [Docket No. SBA–2017–0005]
compiled into one or more PDFs. This
www.regulations.gov information for reduces comment processing and 13 CFR Chapter I
which disclosure is restricted by statute, posting time.
such as trade secrets and commercial or Reducing Unnecessary Regulatory
financial information (hereinafter Confidential Business Information.
According to 10 CFR 1004.11, any Burden
referred to as Confidential Business
Information (CBI)). Comments person submitting information that he AGENCY: U.S. Small Business
submitted through http:// or she believes to be confidential and Administration.
www.regulations.gov cannot be claimed exempt by law from public disclosure ACTION: Request for information.
as CBI. Comments received through the should submit via email, postal mail, or
Web site will waive any CBI claims for hand delivery two well-marked copies: SUMMARY: The Small Business
the information submitted. For One copy of the document marked Administration (SBA or Agency) is
information on submitting CBI, see the confidential including all the seeking input from the public on
Confidential Business Information information believed to be confidential, identifying which of the Agency’s
section. and one copy of the document marked regulations should be repealed, replaced
DOE processes submissions made non-confidential with the information or modified because they are obsolete,
through http://www.regulations.gov believed to be confidential deleted. unnecessary, ineffective, or
before posting. Normally, comments Submit these documents via email or on burdensome. This process of evaluating
will be posted within a few days of a CD, if feasible. DOE will make its own and identifying such regulations
being submitted. However, if large comports with the mandate in various
determination about the confidential
volumes of comments are being Executive Orders to reduce the number
status of the information and treat it
processed simultaneously, your and costs of the regulations that federal
according to its determination. agencies impose on the public.
comment may not be viewable for up to
several weeks. Please keep the comment Factors of interest to DOE when DATES: Comments are requested on or
tracking number that http:// evaluating requests to treat submitted before October 16, 2017.
www.regulations.gov provides after you information as confidential include (1) a ADDRESSES: You may submit comments,
have successfully uploaded your description of the items, (2) whether identified by Docket Number SBA–
comment. and why such items are customarily 2017–0005, using any of the following
Submitting comments via email, hand treated as confidential within the methods:
delivery, or mail. Comments and industry, (3) whether the information is Federal eRulemaking Portal: http://
documents submitted via email, hand generally known by or available from www.regulations.gov. Identify
delivery, or mail also will be posted to other sources, (4) whether the comments by ‘‘Docket Number SBA–
http://www.regulations.gov. If you do information has previously been made 2017–0005, Reducing Regulatory
not want your personal contact available to others without obligation Burden RFI,’’ and follow the
information to be publicly viewable, do
concerning its confidentiality, (5) an instructions for submitting comments.
not include it in your comment or any
explanation of the competitive injury to Mail: Holly Turner, Regulatory
accompanying documents. Instead,
the submitting person which would Reform Officer, U.S. Small Business
provide your contact information on a
result from public disclosure, (6) when Administration, 409 Third Street SW.,
cover letter. Include your first and last
such information might lose its Washington, DC 20416.
names, email address, telephone
confidential character due to the SBA will post all comments on http://
number, and optional mailing address.
passage of time, and (7) why disclosure www.regulations.gov. If you wish to
The cover letter will not be publicly
of the information would be contrary to submit confidential business
viewable as long as it does not include
the public interest. information (CBI) as defined in the User
any comments.
Include contact information each time Notice at http://www.regulations.gov,
It is DOE’s policy that all comments please submit the information to Holly
you submit comments, data, documents, may be included in the public docket,
and other information to DOE. If you Turner, 409 Third Street SW.,
without change and as received, Washington, DC 20416. Highlight the
submit via mail or hand delivery, please including any personal information
provide all items on a CD, if feasible. It information that you consider to be CBI,
provided in the comments (except and explain why you believe this
is not necessary to submit printed information deemed to be exempt from
copies. No facsimiles (faxes) will be information should be held confidential.
public disclosure). SBA will review the information and
accepted.
Comments, data, and other Issued in Washington, DC, on August 8, make the final determination as to
information submitted to DOE 2017. whether to publish the information.
electronically should be provided in Steven Chalk, FOR FURTHER INFORMATION CONTACT:
PDF (preferred), Microsoft Word or Acting Deputy Assistant Secretary for Energy
Holly Turner, (202) 205–6335, 409
Excel, WordPerfect, or text (ASCII) file Efficiency, Energy Efficiency and Renewable Third Street SW., Washington, DC
format. Provide documents that are not Energy. 20416; email address: IGA@sba.gov.
secured, written in English and free of SUPPLEMENTARY INFORMATION:
mstockstill on DSK30JT082PROD with PROPOSALS

[FR Doc. 2017–17212 Filed 8–14–17; 8:45 am]
any defects or viruses. Documents BILLING CODE 6450–01–P A. General Information
should not contain special characters or
any form of encryption and, if possible, The SBA’s mission is to maintain and
they should carry the electronic strengthen the nation’s economy by
signature of the author. enabling the establishment and viability
Campaign form letters. Please submit of small businesses, and by assisting in
campaign form letters by the originating economic recovery of communities after
organization in batches of between 50 to disasters. In carrying out this mission,

VerDate Sep<11>2014 16:14 Aug 14, 2017 Jkt 241001 PO 00000 Frm 00005 Fmt 4702 Sfmt 4702 E:\FR\FM\15AUP1.SGM 15AUP1
Document Created: 2017-08-15 01:12:27
Document Modified: 2017-08-15 01:12:27
Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Proposed Rules
Action		Notification of data availability (NODA); request for information (RFI).
Dates		DOE will accept comments, data, and information regarding this NODA received no later than October 16, 2017.
Contact		Ms. Lucy deButts, U.S. Department of Energy, Office of Energy Efficiency and Renewable Energy, Building Technologies, EE-2J, 1000 Independence Avenue SW., Washington, DC 20585-0121. Telephone: (202) 287-1604. Email: [email protected] Ms. Celia Sher, U.S. Department of Energy, Office of the General Counsel, GC-33, 1000 Independence Avenue SW., Washington, DC 20585- 0121. Telephone: (202) 287-6122. Email: [email protected].gov.
FR Citation		82 FR 38613
82 FR 38613 - Energy Conservation Program: General Service Incandescent Lamps and Other Incandescent Lamps Request for Data

DEPARTMENT OF ENERGYEnergy Efficiency and Renewable Energy Office

Federal Register Volume 82, Issue 156 (August 15, 2017)

DEPARTMENT OF ENERGY
Energy Efficiency and Renewable Energy Office
